RESOURCE · TEXAS LAW

Texas Workplace Harassment Law: The Chapter 21 Guide

Texas Labor Code Chapter 21 covers sexual harassment at employers with just ONE employee (since 2021) — but the filing windows are short: 180 days for general harassment, 300 for sexual harassment, and untimely complaints must be dismissed. Damages are capped by employer size ($50,000-$300,000). Administrative exhaustion is required before suing.

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Texas at a glance

Statute

Texas Labor Code Chapter 21, "Employment Discrimination" (commonly known as the Texas Commission on Human Rights Act / TCHRA) — Tex. Lab. Code Ann. ch. 21

Covers harassment at

SEXUAL HARASSMENT: 1+ employee (Sec. 21.141(1), added by SB 45, eff. Sept. 1, 2021). Clause (B) ('acts directly in the interests of an employer') has been read to expose individuals — managers, owners, HR — to potential liability.

Other discrimination claims

15+ employees for general harassment/discrimination claims (Sec. 21.002(8)(A)); counties, municipalities, and state agencies covered regardless of size (Sec. 21.002(8)(D))

State agency deadline

180 days for general discrimination/harassment (Sec. 21.202(a)); 300 days for SEXUAL HARASSMENT (Sec. 21.202(a-1), added by HB 21, eff. Sept. 1, 2021). Untimely complaints SHALL be dismissed (Sec. 21.202(b)).

Federal EEOC deadline

300 days for Title VII claims (Texas is a deferral state — TWC Civil Rights Division is the state FEPA)

Civil suit

No direct suit — administrative exhaustion required. 60 days to sue after right-to-sue notice (Sec. 21.254); no civil action later than 2 years after the complaint was filed (Sec. 21.256).

After right-to-sue

60 days from right-to-sue notice (Sec. 21.254); TWC must notify complainant if unresolved at 180 days (Sec. 21.208)

Damages

$50,000 (fewer than 101 employees); $100,000 (101-200); $200,000 (201-500); $300,000 (500+) — per complainant, combined compensatory + punitive (Sec. 21.2585)

State agency

Texas Workforce Commission Civil Rights Division (TWC CRD)

Verified against primary sources 2026-06-10. Statute: Tex. Lab. Code Ann. ch. 21

What you can recover under Texas Labor Code Chapter 21, "Employment Discrimination"

Combined compensatory + punitive damages capped by employer size (Sec. 21.2585)
Back pay, interest on back pay, and equitable relief NOT subject to caps
Punitive damages unavailable against governmental entities (Sec. 21.2585(b)); require malice or reckless indifference

Special provisions worth knowing

SEXUAL HARASSMENT (Subchapter C-1, Secs. 21.141-21.142, SB 45 2021): 1+ employee threshold — covers the smallest employers
Employer duty: 'immediate and appropriate corrective action' once employer/agents/supervisors know or should have known (Sec. 21.142) — stricter than the federal 'prompt remedial action' standard
Potential individual liability for those who 'act directly in the interests of an employer' (Sec. 21.141(1)(B))

Where to file in Texas

TWC CRD

Civil Rights Division (mailing)

101 E 15th Street
Austin, TX 78778
(888) 452-4778

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